Council Minutes

April 10, 2003

A meeting of the Town Council of the Town of Yarmouth was held on Thursday, April 10, 2003.

CALL TO ORDER

The Mayor called the meeting to order at 7:30 p.m. with the playing of O'Canada.

RECORD OF ATTENDANCE

REGRETS

MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that the Agenda be approved, as circulated.

MOTION CARRIED

APPROVAL OF MINUTES

MOVED BY Councillor Judge, SECONDED BY Councillor Pink that the minutes of March 13, 2003 (public hearing and regular meeting) be approved as circulated.

MOTION CARRIED

DELEGATION

ROBERT MANUEL, HRDC

Deputy Mayor Hood, welcomed Mr. Robert Manuel, Human Resources Development Canada to the Council meeting.

Mr. Manuel thanked Council for the opportunity to speak to Council regarding the programs offered and implemented through the HRDC programming.

Mr.Manuel advised the success of the program was largely as a result of three things:

Mr. Manuel advised he expected to invest the same amount of money this year as in the past and stated the business plan for the coming year should be available in the near future.

In response to questions, Mr.Manuel advised their office has maintained the employment level since 1997 with present employees totaling twenty-four.

The Deputy Mayor thanked Mr.Manuel for his presentation.

Robert Manuel thanked Council and requested they continue the excellent working relationship with the Town and Municipality.

BUSINESS ARISING

CANADIAN CHARITABLE ORGANIZATIONS

The 2nd Reading for proposed amendments to the Canadian Charitable Organizations Exemption By-Law (Appendix A), was discussed.

After discussion,

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the Second Reading of the Canadian Charitable Organizations Excemption By-Law, be approved (Appendix A).

MOTION CARRIED

COMPOST FACILITY REPORT

Correspondence from CBCL, Consultants, regarding the Compost Facility was reviewed (Appendix B)

MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the CAO be authorized to proceed as per the recommendations from CBCL, and provide a report to Council as appropriate.

MOTION CARRIED

CORRESPONDENCE FOR ACTION

WESTERN COUNTIES REGIONAL LIBRARY

Correspondence from the Western Counties Regional Library requesting the first quarterly payment for the 2003-2004 budget year, was considered.

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the request from the Western Counties Regional Library requesting the first quarterly payment for the 2003-04 budget year, be approved.

MOTION CARRIED

CANADIAN PARENTS FOR FRENCH - REQUEST

Correspondence from the Canadian Parents for French requesting Council reconsider its decision to support the Central School French Immersion Program, was considered.

MOVED BY Councilor Dares, SECONDED BY Councilor Pink that the Letter received from the Canadian Parents for French be filed for future Reference.

MOTION CARRIED

FCM - INFRASTRUCTURE LOBBY

Correspondence from the Federation of Canadian Municipalities (FCM) requesting Council lobby Federal and Provincial representative(s) regarding infrastructure needs was considered.

MOVED BY Councilor Dares, SECONDED BY Councilor Judge that Council accept recommendations and forward correspondence to appropriate government offices, including the MP's office, highlighting the urgency and need for more money for infrastructure projects.

MOTION CARRIED

CORRESPONDENCE FOR INFORMATION

MUNICIPALITY OF BARRINGTON RE: DIVERSION CREDITS

Correspondence from the Municipality of the District of Barrington regarding Diversion Credits was reviewed. Councilor Dares questioned supporting the Municipality of the District of Barrington's request to withhold information on diversion to Waste Check.

MOVED BY Councilor Strickland, SECONDED BY Councilor Dares that any decision regarding Diversion Credits be tables. MOTION CARRIED

DEPARTMENT OF COMMUNBITY SERVICES

Correspondence from the Department of Community Services regarding the community representative appointment to the Tri-County Housing Authority, was received.

The CAO advised the policy of the Department of Community Services is that a representative may only serve for two consecutive terms and the Minister advised the current term of Mr. Johnson will expire in August of 2004 at which time a new appointment will have to be made.

YARMOUTH LOBSTER CLASSIC

Correspondence form Mr. John Goudey expressing his thanks to Town Council for its donation to the Yarmouth Lobster Classic, was reviewed. In his thanks, Mr. Goudey advised that Karl Hicks, Leader of the American contract Bridge League, commented in was the best reception they have received in the history of his time as Director of the Maritimes. Also, Councilor Pink advised the Yarmouth Lobster Classic was the most successful bridge tournament in Nova Scotia in the past thirty years. He also advised the guests were impressed with the community and have requested a return to Yarmouth in March of 2004.

STANDING COMMITTEES

FINANCE COMMITTEE

Councilor Pink advised the previously scheduled Finance meeting had been cancelled, however he expected a meeting in the near future.

PUBLIC WORKS

The CAO advised tenders were requested for the supply of a new 2003 vacuum street cleaner complete with catchbasin wanderlead. After reviewing the recommendations it was recommended that a Johnson 605 series vacuum street cleaner from Saunders Equipment in the amount of $172,832, plus tax, be purchased. (Appendix C).

MOVED BY Councilor Dares, SECONDED BY Councilor Pink that the request to purchase a Johnson 605 series vacuum street cleaner complete with catchbasin wanderlead from Saunders Equipment, be approved.

MOTION CARRIED

FIRE POLICY ADVISORY COMMITTEE

Councilor Pink advised the Fire Policy Advisory Committee met to discuss the Fire Safety Act. He also advised that once the Municipality of the District of Yarmouth obtained additional data and met with the CAO. Another meeting would be held to discuss sharing the expenses of fire inspections.

PLANNING ADVISORY COMMITTEE

Councilor Judge advised the following were recommendations from the Planning Advisory Committee:

MOVED BY Councilor Judge, SECONDED BY Councilor Dares that Council refuse an application to amend the Municipal Planning Strategy and Land Use By-law to regulate cargo storage facilities (the storage of freight, materials, equipment and goods) by development agreement in the General Industrial (M - 1) zone provided the lot does not abut Water Street with an exclusionary provision for the prohibition of such a use in the Waterfront Industrial (M - 2) zone and the Waterfront Commercial Industrial (W - CI). (Appendix D)

MOTION CARRIED

Editor's Note: This motion was not voted on at the March 13, 2003 meeting on Council as it was referred to the Planning Advisory Committee for discussion.

MOVED BY Councilor Judge, SECONDED BY Councilor Boudreau that the request to amend the Municipal Planning Strategy and Land Use By-law implementing new policies and by-law provisions governing open Storage and outdoor displays along Yarmouth's waterfront (W - CI) zone provisions, General Industrial (M - 1) zone provisions and the Waterfront Industrial (M - 2) zone provisions as outlined in Appendix "A" and concurrently an amendment to the Land Use By-law, in particular the Zoning Map, Schedule "A", rezoning existing General Industrial (M - 1) zoned properties along Yarmouth's harbour to Waterfront Industrial (M - 2) as per planning report dated December 20,2002, be approved (Appendix E).

MOTION CARRIED

MOVED BY Councilor Judge, SECONDED BY Councilor Strickland that the request to amend the Municipal Planning Strategy and Land Use By-law to enable the establishment if inns with function room facilities in registered heritage properties immediately abutting the hard line boundary of the Central Business District by Development agreement, be approved (Appendix F).

MOTION CARRIED

MOVED BY Councilor Judge, SDECONDED BY Councilor Cares that the request to amend the Municipal Planning Strategy and concurrently amend Parts 7, 8, 9, 10, 11 and 13 of the Land Use By-law respecting provisions with regard to semi-detached dwellings, group dwellings and converted dwellings (Review after Council meeting of November 14, 2002) as per supplementary planning report dated November 15, 2003, be approved (Appendix G).

MOTION CARRIED

YARMOUTH WATER UTILITY

Deputy Mayor Hood advised progress was being made at the water treatment facility. He advised the next meeting of the Lake George Watershed Protection Committee is scheduled for Monday, April 14, 2003.

JOINT HERITAGE ADVISORY COMMITTEE

Councilor Dares advised Jim Bezanson, Chair of the Heritage Canada Foundation, will be speaking at a workshop planned for the evening of May 15 and the morning of May 16 and encouraged members of Council and the community to attend.

Councilor Dares advised the following recommendation from the Heritage Advisory Committee was considered at a Public Hearing the evening.

MOVED BY Councilor Dares, SECONDED BY Councilor Pink that Second Reading of the Collins Heritage Conservation District By-law be approved (Appendix H).

MOTION CARRIED

JOINT LEISURE SERVICES COMMITTEE

Councilor Dares advised the Volunteer of the Year representatives were Gert Star, Town of Yarmouth, and Jim Greg, Municipality of the District of Yarmouth.

Councilor Dares also advised the Leisure Services Committee had approved a good neighbor policy regarding the spraying of herbicides and pesticides.

WATERFRONT DEVELOPMENT CORPORATION LIMITED

Deputy Mayor Hood advised Robert Thibault would be making an announcement on April 16th at the Town Hall regarding the waterfront.

JOINT EMERGENCY MEASURES ORGANIZATION

Councilor Strickland advised there would be no changes to the Emergency Measures budget and that they anticipated the EMO Coordinator would participate in the "Weekender" in the near future.

Councilor Boudreau advised plans were underway to have picture identification cards for EMO Executive members.

YARMOUTH COUNTY TOURIST ASSOCIATION

Councilor Strickland clarified the position of the Yarmouth County Tourist Association regarding the government representative for this area. He advised the Yarmouth County Tourist Association supported the position as well as others within the geographical area. He also shared various positive comments regarding Mariners Centre and the positive impact the various events had in Yarmouth and the surrounding areas.

Councilor Strickland also commented on the presentation of the Yarmouth County Tourist Association brochures which included a grid map and area highlights.

MARINES CENTRE

Deputy Mayor Hood referred to minutes of the last meeting of the Marines Centre Management Board and highlighted capitol improvement projects as follows:

In response to questions regarding a canteen facility in the proposed storage building, Deputy Mayor Hood advised there had been no request as yet however Management Board has the responsibility to deal with such issues.

YARMOUTH COUNTY INDUSTRIAL COMMISSION

Concerns were raised with reference to the minutes of the Yarmouth Area Industrial Commission regarding the special resolution on membership appointments.

IT WAS AGREED to table the issue of membership appointments regarding the Yarmouth Area Industrial Commission to the next meeting.

MOTION CARRIED

PORT OF YARMOUTH

Deputy Mayor Hood invited Dave Whiting to provide an update on the recent activities of the Pot of Yarmouth Committee.

Dave Whiting advised approval had been received to go to tender for the repairs and maintenance to Lobster Rock Wharf and they were proceeding as planned. Also that investments and operations were doing well.

STAFF REPORT

The CAO referred to correspondence from Eckler Partners Ltd. Detailing various amendments that are necessitated as a result of amendments to the Pension Benefit Act and Regulations which became effective January 1,2003 (Appendix I).

MOVED BY Councilor Pink, SECONDRD BY Councilor Strickland that Council approve the changes to the Town's Pension Plan, as recommended by Eckler Partners Ltd.

MOTION CARRIED

NEW BUSINESS

Deputy Mayor Hood advised the new S. Sgt. Of the Town of Yarmouth is Abe Townsend. On behalf of Council be congratulated S. Sgt. Townsend and welcomed him to his new position.

Deputy Mayor Hood also encouraged everyone to reflect on the horrible consequences of war and the unfortunate sacrifices for all people and that there be a speedy end.

APPROVAL OF INVOICES

MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that invoices, as approved by the individual chairs, be authorized for payment.

MOTION CARRIED

DATE OF NEXT MEETING

IT WAS AGREED the next meeting ne scheduled for May 8, 2003.

ADJOURN

The Meeting adjourned at 8:35 p.m. _______________________________________
MAYOR

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CHIEF ADMINISTRATIVE OFFICER